Trask v. Stone

The plaintiff was an infant under the age of eight years, and sued this action, “ by Niles Tilden, of, &c., the next friend of the said William, who is admitted by the Court here to prosecute for the said William, in a plea of trespass,” &c. The defendant pleaded in abatement, admitting the infancy, but averring that Mary Trash, of, &c., is the mother-and surviving parent of the said William, and the guardian by nature and nurture of the said William; and that the suit ought to have been prosecuted by her, as guardian of the said William, as aforesaid, and not by the said Niles Tilden, as the…